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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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rang court today seems its going to be the end of october for my court date.they say i dont need to send anything until i get a letter w ith directions. so i am starting to get a bundle together. any one else any further forward

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good idea to start collecting stuff to file ready for bundle i did it felt better that i was doing something my bundle is in an court date is 7th sept have posted my list on my thread if thats any help 2 u good luck:cool:

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thanks conalot

read your thread and its very helpful as to what to include in court bundles. hope you dont mind if i include some of them. i think we all have times when we feel out of our depth but the banks have got away with this for a long time and they should be stopped from taking peoples money unlawfully. do you think its worth asking for a breakdown of charges, even if they dont supply one it may look good in court to say they have refused? i too am a novice on pc but know more now than i did when i started on this great site. good luckand hope you get the full amount soon

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If I may make a suggestion...

 

My account was opened in 1993 and now recently having received statements for this period what transpires is that-

 

From 1993 the penalty charges were low but for some strange reason from 2000 period they introduced a new structure that resulted in huge rises in costs so I suggest if you had your account from the 90's do a spreadsheet showing how the structure changed!

 

I will be using this is my claim.

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Hi Alex 12

 

Just to keep you posted finally received details of transfer to LEEDS MERCANTILE Court for 4 Oct (shame it's not sooner as up for it!!)

Looks like it is one of those mass hearings where there will be a batch number of cases of similar nature.

It says no later than 7 days prior to the hearing a completed Case management in accordance with CPR59 should be filed with the Court, subsequently received a Case Management Information sheet with loads of questions to be completed which to be fair most of it is common sense.

 

Have you heard any more at your end and has anyone heard anymore about the Yorkshire Bank current's stance on matters?

 

:cool: Tobydoby:cool:

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Hi Tobydoby,

 

recieved a letter today, hearing is at 14.00 on the 26 october and should take no longer than 15 minutes.All documents to be in no later than 13 august. The hearing has been listed in a group with several other cases.

What is the case management for? I didnt get that.

There is a programme on tomorrow night ITV at 8 0 clock about the charges with Martin from the other site. Should be interesting, there may be something about YB.

 

alex12

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Hi Alex 12

 

I am not 100% sure on why I have received the CPR59 and you haven't, my best guess is that I am listed at the Leeds Mercantile Courts (High Court)

 

Am I correct in assuming that your case is at your local courts?:?:

 

Either way it looks like matters will be concluded by our respected dates, of course had we have banked with anyone else it would have most likely been settled by now rather than YB's objectional and defiant stance.:x

 

Will keep you posted

 

Tobydoby 8-)

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:rolleyes: H Tobydoby

You are right, my case is in local court,that could be why I didnt get the same form as you.

 

Must be a lot of cases if I it should take no longer than 15 minutes as my letter states.

 

Oh well, they will probably make an offer at the last minute as they seem to do quite a lot.

 

Will let you know when Iget a silly offer after YB review my case:D

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:rolleyes: H Tobydoby

You are right, my case is in local court,that could be why I didnt get the same form as you.

 

Must be a lot of cases if I it should take no longer than 15 minutes as my letter states.

 

Oh well, they will probably make an offer at the last minute as they seem to do quite a lot.

 

Will let you know when Iget a silly offer after YB review my case:D or if.

 

alex12

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  • 3 weeks later...

Hi all,

Just a quick update on my claim.

I have now got 7 days before handing in my bundle, so just checking I have got everything before sending them off.What sort of folder is best to send the bundle in?

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Hi alex, myself I put the bundle in order tied them with ribbon ( to much Rumpole of the Bailey) but I am sure elastic bands would be ok. Put into a large padded envelope and sent recorded delivery to Glasgow and hand delivered to the court, hope this helps and the best of luck to you.;)

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Hi Georgieboy

Thanks for reply, I did get some folders to use, but if I dont need them I wont bother.

I recieved a letter today from YB stating they intend to apply for stay untill outcome of test case,if this happens can I apply for removal of stay.:roll:

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Hi all,

 

Bit of a panic tonight, want to get the bundle for the bank done so it can be posted tomorrow. Cant find one letter from the bank,so hunting everywhere, its probably under my nose.Oh well, ive got till thursday afternoon. Be glad when its gone.

 

Alex:wink:

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Hi again,

 

Well the deadline for bundles is today, and I havent recieved one from YB I rang the court today and they havent either butsaid to ring again on Thursday, cos they could be delayed owing to postal strike. I dont think so.

Found a template from Garyh on the site to send to the bank after the deadline. I have already copied it but dont know whether to send it now or wait till Thursday.Also the threat to apply for a stay from the bank hasn't happened yet,and I hope the judge refuses if they do.

Any advice is appreciated.

 

alex :confused:

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Hi

took my bundle in court on Friday and sent YB theirs by registered post on Thursday. Havent got anything from the bank, so rang court and they havent, they told me to ring back on Thursday in case its delayed cos of postal strike. (I dont think so). Found a letter I could send on here by G aryh so may send them that, giving 7 days to comply with court order regarding my documents from them.

Fingers crossed.

Alex

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  • 1 month later...

Hi all,

nothing to report, still no bundle from YB, no surprise there, no letter to say they have applied for a stay yet. I have 6 weeks to the court date so time for a stay from them but I hope not.

I did send a letter to the judge via the court which was a copy of Gary H's non compliance for YB bundle. but no reply yet.

Will keep you informed of any developments.:rolleyes:

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